Groklaw: IBM Goes For the Jugular…

” Here is IBM’s Redacted Memorandum in Support of Motion for
Partial Summary Judgment On Breach of Contract Claims, filed by IBM
on Friday. It’s a hundred-page PDF. As you will see, they are going
for the jugular now. Astoundingly, they say that all parties
involved in the contract between AT&T and IBM have now provided
testimony in discovery that IBM has the right to do whatever it
wishes with its own code, contrary to SCO’s claims, or as the
memorandum puts it, they all provided ‘unequivocal testimony that
the agreements were not intended and should not be understood to
preclude IBM’s use and disclosure of homegrown code and
contemporaneous documents reflect this interpretation of the
licenses.’

“SCO thought it was going to find evidence in discovery to
boster its case, but it has worked out exactly the opposite. I
haven’t finished reading the memorandum myself, because I wanted to
share it with you immediately, but it looks like this is the heart
of what’s left of SCO’s case…”

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